IMMIGRATION TO CANADA FOR SAME-SEX PARTNERS
AN UPDATE
FEBRUARY 1993
1. There still exists no provision within the Canadian Regulation
that allow for same-sex sponsorship. And we are beginning to see some
applications processed by the use of other existing guidelines.
2. It appears that there is no possibility of a change in policy at
the moment. "All federal acts are currently under review by the
Department of Justice to determine if the distinctions granted to
spouses constitute a violation of Section 15 of the Canadian Charter
of Rights and Freedoms as a discrimination on the basis of sexual
orientation, family status, or matrimonial status." (letter signed by
J. Boisseneault, Dept. of Immigration) This report is due in June
1993. All ministries, including Immigration have agreed (been
instructed?) NOT to make any policy or legislative changes before
that.
3. There is no guarantee that this report will be favorable. From
what we know of the Tory government's position to date we are indeed
concerned about the findings of this report.
4. We have made some progress. At least, immigration applications
from same-sex partners are being handled on a case-by-case basis.
Whether they are processed favorably depends on the discretion of the
local immigration officer. S/he has great discretionary powers. This
is totally unacceptable and we continue to work so that we have access
to immigration on the basis of the very existence of the relationship.
In the meantime we are stuck with case-by-case.
5. When the partner is in Canada with a valid visa, it is possible to
make an "inland application." The package can be obtained from any
immigration office. It is necessary to submit a variety of forms; the
application for the non-canadian partner, the undertaking of
assistance by the canadian partner, an order in council to process the
application from within the country, a "marriage" questionnaire and an
application for a minister's permit on Humanitarian and Compassionate
grounds. It is important that it be clear that this is a same-sex
application. Each of these applications has a processing fee set by
the Immigration Dept. The application for landing and the undertaking
of assistance fees are $450 each. The fee for an application for an
order in council is $250. (Fees in effect in February 1993)
6. We have been informed that being in a same-sex relationship is not
sufficient grounds alone for the granting of a minister's permit on H
& C. The separation form a partner is not considered to be sufficient
grounds for hardship. Other factors need to be present.
7. We are beginning to see some applications being processed
favorably. Some are being processed as H & C, others as independent
applications. Visitors visas are sometimes being extended to enable
the non-canadian to stay in the country. There are never any
guarantees. Homophobia, racism and other factors undoubtedly
contribute to a refusal. Probably the single most important factor
for positive outcomes is a supportive immigration officer.
8. It helps to be able to provide the immigration officer with some
tools so that s/he can act favorably. The enclosed letter may give
you some guidance. [I have no letter.]
9. It is clearly up to everyone to assess their individual situation
and to decide whether or not to make the above applications. For H&C
applications there is no appeal process. If an application is refused
there is the option to file a Human Rights complain with the Federal
Human Rights Commission.
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LEGIT STRATEGIES
1. Filing individual applications is not only a way to get a partner
into the country, but could also, in the long run, contribute to a
resolution for all of us.
2. Those who have been refused and/or facing long delays in receiving
a response from Immigration can file Human Rights complaints. The
Human Rights Commission will proceed with one or more cases. A
favorable judgement on the part of the tribunal would result in the
Federal Government being required to stop its discriminatory practice.
3. Chris Morrissey still hopes that the Federal Court will hear her
case, even though her partner has been granted landed immigrant status
as an independent applicant. Part of the relief asked for from the
court was a change to the Immigration Regulations that would make it
possible for lesbians and gay men to access immigration.
4. Lobbying is an on-going task. We continue to be in contact with
The Minister of Immigration. Two of our Ontario members have agreed
to meet with Sheila Copps, to hand deliver a copy of
_Growing_Old_Together_, to discuss the issue with her, and to try and
get some committment from her to address the issue in the future.
5. Members of LEGIT in Vancouver have been active in getting out
information about the proposed amendments to the Canadian Human Rights
Act. You will have received this information in an earlier mailing.
[I have no information.]
6. In order to organize ourselvers [sic] more effectively, we ask you
to take the time to complete the enclosed information sheet. [I have
no sheet.] If you are willing to share your name with others in the
same situation, please indicate that. We will then send you the names
and addresses for your area/province.
LEGIT - Lesbian & Gay Immigration Task Force
P.O. Box 00384, Station A
757 West Hastings Street
Vancouver, B.C. V6C 2N2